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THE SHERIFF
Masbate City
Greetings:
We hereby deliver to you as Annex A the attached photocopy of the Real Estate
Mortgage dated January 7, 2015 which was executed by May B. Namulubi, of legal age, single,
and a resident of Barangay Nursery, Masbate City, Masbate, Philippines in favor of Sasha E.
Maharlika, of legal age, single, and a resident of Barangay Bapor, Masbate City, Masbate,
Philippines, as MORTAGEE, over parcels of land, together with all the improvements existing
thereon, more particularly described as follows:
CITY OF MASBATE
A parcel of land, being a portion of Lot 10, Psu-82838, Amd. 4., LRC Record No.
49057), situated in the Barrio of Calumpang, Municipality of Milagros, Province
of Masbate, Island of Luzon. Bounded on the NE., points 14 to 1; and 1 to 4 by
property of Ana D. Alam ; on the SE., points 4 to 5 by Lot 10-D; on the SW., and
SE., points 5 to 7 by Lot 10-A; on the SW., points 7 to 9 by property of Rudy R.
Maylupa; and on the NW., points 9 to 12 by Lot 11, points 12 to 13 by Lot 9, and
points 13 to 14 by Lot 7, . . . containing an area of TWELVE THOUSAND FIVE
HUNDRED (12,500) SQUARE METERS, more or less...
We hereby request you to foreclose the said Real Estate Mortgage [Annex A] hereof,
and in support thereof, we state the following;
1. The terms and conditions of Real Estate Mortgage [Annex A] has never been changed
or modified, whether tacitly or expressly, by any agreement made after the execution
thereof;
2. The principal obligation secured by said mortgage which has become overdue as of
February 15, 2016 has remained unpaid up to the present despite repeated demands in
violation of the terms of the mortgage deed;
3. The Mortgagor has not executed a second or subsequent mortgage over the mortgaged
property and the improvement thereon with the knowledge and consent of the
Mortgagee;
4. To the best of our knowledge, the Mortgaged property is subject to no prior mortgage or
any lien whatsoever, and is now in the possession and full control of the above-named
Mortgagor;
5. Under the terms and conditions of the Real Estate Mortgage, the Mortgagee is entitled to
extra judicially foreclose the mortgaged property.
6. By the terms and conditions of the Real Estate Mortgage referred to above, the principal
obligation of the Mortgagor which has become overdue as of February 15, 2016 is in the
amount of ONE MILLION SEVEN HUNDRED SEVENTY SIX PESOS
(P1,776,000.00), inclusive of past due interest, penalty charge and service charge but
exclusive of Attorneys Fee representing 10% of the total obligation due, other charges
and expenses of foreclosure.
Wherefore, we hereby request that you sell at public auction the above-mentioned Real
Property together with all the improvements thereon, describe in the Real Estate Mortgage
[Annex A] in accordance with law, particularly the provision of Act No. 3135, as amended.
Please furnish us and the Mortgagor/s with copies of your Notice of Sale at least fifteen (15)
days before the date of sale.
Sasha E. Maharlika
VERIFICATION/ CERTIFICATION
I, Sasha E. Maharlika, of legal age, under oath, depose and state that:
2.) I caused the preparation and filling of the foregoing petition, and read and understood the
same;
3.) All the allegations therein contained are true and correct of my own knowledge and/ or
based on authentic records of this petition.
4.) I hereby certify that I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different Division thereof, or
before any other tribunal or agency, and to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court Of Appeals or any Division
thereof before any other tribunal or agency.
5.) If I should learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to the Court or agency wherein the original
pleading and sworn certification has been filed.
Sasha E. Maharlika
Affiant
SUBSCRIBED AND SWORN TO before me this 6th day of January 2017 at Masbate City,
Philippines, the person being personally known to me to be the same person who executed the
foregoing document.